Bombay High Court
MEHENDRAKUMAR MOHANLAL AJMERAversusASHOK PARASMAL MAJNI AND ORS.
- Decided
- Disposal
- Allowed
- Bench
- SHARMILA U DESHMUKH
Holding
The court condoned the 69‑day delay and allowed the interim application.
Summary
Mehendrakumar Mohanlal Ajmera filed Interim Application No. 1163 seeking condonation of a 69‑day delay in filing his First Appeal (Stamp) No. 35981 of 2025, claiming he only became aware of the impugned order on 25 September 2025 when a notice was posted. The respondents opposed, stating no sufficient explanation was provided. The court examined the applicant’s explanation, noting the delay was due to the late receipt of the order and the time taken to obtain certified copies. Finding the explanation satisfactory, the court condoned the delay and allowed the interim application. The appeal was listed for 7 March 2026, with a provision to consider a stay application if the appeal is not heard.
Issues considered
- Whether a delay of 69 days in filing the First Appeal can be condoned under the principles of condonation of delay.
Subjects
- condonation of delay
- interim application
- civil procedure
- appeal
- stay
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
PATHAN
QUTBUDDIN
Date:
PATHAN 2026.02.20
22-IA-11163-2026.doc
15:56:40
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1163 OF 2026
(For Delay)
WITH
INTERIM APPLICATION NO.1164 OF 2026
(For Stay)
IN
FIRST APPEAL (STAMP) NO. 35981 OF 2025
Mehendrakumar Mohanlal Ajmera … Applicant
IN THE MATTER BETWEEN :
Mehendrakumar Mohanlal Ajmera … Appellant
Versus
Ashok Parasmal Majni And Ors. … Respondents
WITH
FIRST APPEAL (STAMP) NO. 35981 OF 2025
Mehendrakumar Mohanlal Ajmera … Appellant
Versus
Ashok Parasmal Majni And Ors. … Respondents
Mr. Sanjay Jain a/w Mr. Darshan A. i/b M/s. Sanjay Udeshi & Co. for
the Applicant/Appellant
Mr. Ravi Kumar Mishra a/w Mr. Maneesh Mishra and Mr. Ayaz Ansari
for the Respondents
CORAM : SHARMILA U. DESHMUKH, J.
TUESDAY, 17th FEBRUARY 2026
SQ Pathan 1/3
22-IA-11163-2026.doc
P.C :
1 Interim application No.1163 of 2026 has been
preferred seeking condonation of delay of 69 days caused in &ling
the First Appeal.
2 Learned counsel appearing for the applicant submits
that the applicant became aware of the impugned order only when
a notice was pasted on 25 th September 2025. Pursuant thereto, an
application was made for certi&ed copies, which has resulted in
some delay.
3 Learned counsel appearing for the respondent
opposes the application and submits that no su-cient explanation
has been furnished for condonation of the delay.
4 It is the speci&c pleading of the applicant that he was
unaware of the impugned order and became aware of the same
only on 25th September 2025. Considering the impugned judgment
which concerns the appointment of Trustees in respect of the
SQ Pathan 2/3
22-IA-11163-2026.doc
family, su-cient cause has been shown to condone the delay of 69
days. The delay is, accordingly, condoned.
5 Interim Application No.1163 of 2026 is allowed.
6 List the First Appeal on 7th March 2026. As this Court
is informed that the entire record is before this Court, if time
permits, the First Appeal will be taken up for &nal disposal.
7 In the event, the First Appeal is not taken up for &nal
disposal, Interim Application No.1164 of 2026 (for stay) will be
considered.
SHARMILA U. DESHMUKH, J.
SQ Pathan 3/3
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